In the case of Oliveri v. OsteoSTRONG, 2021-Ohio-1694, the Ohio Eleventh District Court of Appeals held that a trial court erred in granting summary judgment in favor of OsteoSTRONG because the waiver of liability signed by Oliveri did not waive all claims for injury and Oliveri may not have assumed the risk of injury.
The trial court held that the defendant was entitled to summary judgment on the grounds of waiver and express assumption of risk.
The individual argued that the trial court erred because the signed waiver completed upon joining the wellness center was ambiguous and did not cover negligence or liability.
The District Court found in favor of the individual, holding that the waiver may not apply in this case and there are questions of material fact regarding whether the individual assumed the risk by listening to medical advice instead of staff recommendations.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.